Why most employment cases resolve without trial

Today, the vast majority of employment-related claims are resolved without trial. In fact, many employment-related disputes are resolved even before litigation begins. There are four factors that explain why parties mostly resolve their dispute through direct negotiations, mediation, or arbitration instead of by trial:

  1. Increasingly, employers have been using pre-dispute binding arbitration agreements, jury waivers, and/or internal grievance procedures.
  2. Some federal courts have shown hostility towards employment-litigation, and they have become more willing to either send these cases to private, binding arbitration or simply dismiss them.
  3. Both the defense and plaintiff employment attorneys have improved their ability to accurately value employment claim, the risks of trying those claims, and hence, the ability to resolve those claims prior to trial.
  4. When parties and their counsel are unable to resolve disputes on their own, they have increasingly turned to professional mediators to resolve their conflicts for them.